Section 1 Scope
Solely the following General Terms and Conditions of Business, as stated in the version valid at the time of the order, apply to the business relationship between Bachmair Weissach GmbH & Co KG (Supplier) and the Buyer. The Supplier does not acknowledge the Buyer’s conditions to the contrary unless the Supplier had expressly approved the validity of such conditions in writing.
Section 2 Entering into a contract, withdrawal and delivery
The online shop offers are non-binding. By clicking on the Order button, the Buyer issues a binding statement to the Supplier in respect of its intention to acquire the content of the shopping basket. The contract is brought about by the Supplier’s statement once the order has been placed. The statement is sent to the Buyer directly after clicking on the Order button. The contract is brought about as a result. The Supplier undertakes to accept the Buyer’s order at the conditions set out in the website. The Supplier shall be entitled to withdraw in the event of typographical, printing and/or calculation errors on the website. The goods ordered in the online shop shall be delivered subject to the Supplier’s delivery capabilities. If the capability does not apply because a vendor of the Supplier fails to provide the Supplier with the ordered goods irrespective of a contractual obligation, the Supplier shall similarly be entitled to withdraw. In such a case, the Supplier shall inform the Buyer without delay that the ordered goods are not available. A purchase price that has already been paid shall be reimbursed without delay. In the absence of agreements to the contrary, goods shall be delivered from the warehouse to the delivery address stated by the Buyer. Delivery dates shall be met where possible but are not binding for the Supplier provided a delivery date has not been assured with binding force in an exceptional case. The placed orders shall be executed subject to the Supplier’s available stock or timely and adequate supply by the Supplier’s supplier. Goods shall be sent at the Supplier’s risk.
Section 3 Cancellation policy
1.) Cancellation right
The Buyer may rescind its contractual declaration, without stating reasons for such action, within one month following receipt of the goods, in text form for example by letter, fax or e-mail or by returning the goods. The period shall commence at the earliest upon receipt of the goods and this instruction. Providing notice of cancellation or returning the goods in good time are regarded as meeting the cancellation deadline. Notice of cancellation should be sent to the following address, which also applies to returning goods:
Hotel Bachmair Weissach GmbH & Co. KG
Wiesseer Str. 1
D-83700 Weißbach/ Rottach-Egern
The cancellation right is excluded in the case of shrink-wrapped or sealed data carriers and CDs, audio cassettes, videos, DVD or software if the shrink-wrap or the seal has been damaged by the Buyer.
2.) Cancellation consequences
In the event of an effective cancellation, the performance received by each party is to be returned or repaid and, where applicable, any utilised benefits are to be surrendered (e.g. advantages as a result of use). Items that are suitable for shipping as parcel post are to be returned by the Buyer. Items that are not suitable for shipping as parcel post shall be collected from the Buyer’s premises by the Supplier or at the Supplier’s instigation. The cost of returning goods shall be borne by the Buyer if the supplied goods correspond to the ordered goods and if the price of the goods to be returned does not exceed € 40.00 or if the Buyer has not rendered the counter-performance or partial payment as per agreement at the time of cancellation in the event that the item price exceeds € 40.00. Otherwise, returning goods shall be free of charge for the Buyer.
If the Buyer cannot return the received goods in full or in part, or can merely return them in a deteriorated condition, the Buyer shall be required where applicable to provide the Supplier with compensation for lost value. This does not apply if the deterioration of the goods can be traced exclusively to the inspection of such goods, as would normally have been performed in a sales outlet. In other respects, the Buyer can avoid the obligation to provide compensation for lost value by not using the item as its property and avoiding any action that has a detrimental effect on its value.
Section 4 Due date and payment, default
The purchase price falls due for payment immediately upon placing the order. The Buyer may pay the purchase price by credit card, cheque or direct debit. If the Buyer defaults in payment, the Supplier shall be entitled to request interest on delinquent accounts of 5% above the stated German base-lending rate per annum. If the Supplier furnishes proof of greater damage caused by default, the Supplier shall be entitled to assert a claim in that respect.
Section 5 Authorisation for debit transfer order collection
The Buyer hereby authorises the stated company to collect the Buyer’s stated invoice amount from the Buyer via the account, described by way of the bank sort code and account number, by way of the direct debit procedure. The Buyer may only set off if its counterclaims have become res judicata, are undisputed or have been recognised by the Supplier. In addition, the Buyer shall only be authorised to exercise a right of retention if its counterclaim is based on the same contractual relationship.
Section 6 Authorisation for forwarding addresses
The Buyer shall instruct its bank, which is described by way of the stated bank sort code, in the case of not collecting the debit entry or in the case of objection to the debit entry to disclose to the company, or a third party commissioned by the company, on request the name and address of the Buyer so that the Supplier can assert its claim against the Buyer.
Section 7 Reservation of title
The supplied goods shall remain the Supplier’s property up until settlement in full of all the claims against the Buyer.
Section 8 Guarantee for defects and liability
If the object of sale is faulty, the Buyer shall have the choice of whether or not the subsequent performance is to be provided by rectifying the defect or delivering a fault-free item. A reasonable period for the chosen subsequent performance is to be set for the Supplier. Subsequent improvement shall be deemed to have failed following a second attempt in vain if nothing to the contrary applies, in particular on the basis of the type of item or defect or regarding other circumstances. The Supplier is entitled to refuse the type of chosen subsequent performance if it is only possible by way of disproportionately high costs and the other type of subsequent performance is unacceptable for the Buyer. If the Supplier is not willing or is unable to provide subsequent performance because the subsequent performance would be disproportionate, or if the subsequent performance is delayed beyond reasonable periods for reasons that are the Supplier’s responsibility, or if the subsequent performance fails for other reasons, the Buyer shall be entitled at its discretion to withdraw from the contract, request an appropriate reduction in the purchase price or claim for damages. The Buyer shall not be entitled to withdraw in the case of insignificant defects. The Buyer must provide the Supplier with notification of obvious defects within a period of 4 weeks from receipt of the goods. Otherwise, asserting warranty claims shall be excluded. Receipt of notification by the Supplier shall be authoritative for honouring the period. In the event of notification of defects, the Buyer is to forward the respective product to the Supplier where possible with a detailed description of the defect, a copy of the invoice and in the original packaging. The original packaging may not be used as the shipping packaging. Identifying a defect and successful subsequent performance may be significantly delayed without such collaboration. The Buyer’s warranty claims shall remain in place in any case, including if this clause is not honoured. The warranty period runs for two years from delivery of the goods. This does not apply if the Buyer fails to provide the Supplier with notification of obvious defects in good time. Unless otherwise stated below, any further-reaching claims by the Buyer – on whichever legal grounds – are excluded. Therefore, the Supplier shall not be liable for damage that does not affect the delivery item. The Supplier shall not be liable, in particular, for the loss of expected profit or other pecuniary loss suffered by the Buyer. Insofar as the Supplier’s liability is excluded or limited, this shall also apply to liability on the part of the employees, representatives or vicarious agents. The above limitation on liability does not apply insofar as liability is compulsory, e.g. in accordance with the German Product Liability Act, in cases of intent, gross negligence, the loss of life, physical injury or detrimental effects on health or violation of key contractual obligations. However, claims for damages regarding the violation of key contractual obligations are limited to typical contractual and foreseeable damage provided intent or gross negligence do not apply or liability applies as a result of the loss of life, physical injury or detrimental effects on health. The above provision is not associated with amending the burden of proof to the disadvantage of the Buyer. Insofar as the Buyer is entitled to claims for damages in this respect, these shall fall under the statute of limitations upon expiry of the limitation period of two years that applies to claims for material defects. The statutory limitation periods apply in the case of claims for damages in accordance with the German Product Liability Act. The Supplier does not provide a guarantee for the Buyer in a legal sense. This does not affect manufacturers’ guarantees.
Section 9 Data protection
The Supplier, Hotel Bachmair Weissach GmbH & Co. KG, is entitled to process all the data that apply to the business relationship with the Buyer in compliance with the German Federal Data Protection Act.
Section 10 Place of performance, place of jurisdiction and legal system
Rust is deemed the place of performance for the delivery and payment as well as the place of jurisdiction for contracts entered into with merchants, legal persons under public law and special federal funds. However, the Supplier is entitled to bring legal action at the place at which the Buyer has its registered office or at the place of one of the Buyer’s branches. If the Buyer does not have a general place of jurisdiction in Germany or if it relocates its place of residence or customary place of abode beyond the scope of the Federal Republic of Germany after entering into the contract, the Supplier’s principal place of business shall be deemed the place of jurisdiction. This also applies if the Buyer’s place of residence, or customary place of abode, is not known at the time at which the action is brought. The law of the Federal Republic of Germany applies by way of exclusion of the UN Sales Law. In the event that a provision of these conditions and the additional agreement that is entered into are or become invalid, this shall not affect the validity of the other conditions.